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(On appeal from the judgment and order of the High Court of West Pakistan, Peshawar Bench, Peshawar, dated the 2nd October 1969, in Criminal Appeal No. 192 of 1968).   Penal Code (XLV of 1860), S. 302/34-Murder-Benefit of doubt-Court giving benefit of doubt and acquitting accused holding that both parties fired at each other and it was impossible to find out as to which party started firing first-Contention that such an approach was wrong and benefit of doubt was given illegally and contrary to judicial principles, held, not without substance Special Leave to Appeal granted by Supreme Court to re-examine question. Date of hearing: 27th March 1970. ORDER M. R. KHAN, J.-Gadai Khan, Ashraf Khan and Ajab Khan (respondents Nos. 1 to 3 herein) along with Fariq Khan and Muhammad Irfan (respondents Nos. 4 and 5 herein) were tried for offences under sections 302, 307 and 325, read with section 149 of the Pakistan Penal Code. Of them, the res pondents Nos. 1 to 3 were convicted under sections 302/34, 307/34 and 325/34 of the Pakistan Penal Code and each of them was sentenced to death under section 302/34 on two counts for committing the murders of Dadan and Mahmud, rigorous imprisonment for 10 years under section 307/34 on three counts and 3 years' rigorous imprisonment under section 325/34. Fariq Khan and Muhammad Irfan, the remaining two co-accused were, however, acquitted. The respondents Nos. 1 to 3 preferred an appeal against their convictions and sentences. Abdur Rehman, the present petitioner who is a brother of the two deceased made a revisional application against the trial Court's order acquitting Fariq Khan and Muhammad Irfan. The appeal of the convicts and the said revisional application were heard along with the death reference and were disposed of by a single judgment of a Division Bench of the High Court of West Pakistan, Peshawar Bench. The learned Judges found on evidence that there was a fight between the two parties as a result of which men of both the parties sustained injuries and there were two deaths on the side of the complainant party. In spite of this finding, they gave the convicted persons (i.e., the present respondents Nos. 1 to…